New PD RULES

[shore]

Hello to all This is a very informative site. I was wondering if I could pick some brains. We have a 3m rear extension and would like to add a 3m conservatory to it making a total projection of 6m from the rear of our semi detached house. Have spoken to adjoining neighbour and he has no problem with it whatsoever and was considering doing the same. We don't have any neighbours to the back of our property so that just leaves the unattached but shares a common boundary neighbours. The position of unattached neighbours out buildings and garages would make it impossible for them to see the conservatory...however they are serial complainers and we are sure they will object. Could someone please tell me what is meant by "neighbours amenity" and is the approval or refusal reached like with planning application where the authority looks at the whole plot or is it just the effect of the conservatory. Many Thanks Shore

 

[tony1851]

With this new system, planning authorities are ONLY supposed to consider the amenity impact on the adjoining owners, so it is not dealt with as a normal planning application.
If it would be largely hidden frrom your neighbours, it would be difficult for the council to make a finding of loss of amenity, even if your neighbours complained.

 

[luisdesign]

Bear in mind its a non starter if the conservatory will mean that more than 50% of your garden has been built on. Existing extensions / added outbuildings (non original) are all counted for this.

 

[shore]

Thanks for responses. I have calculated that we would not be above the 50% threshold. Our only concern is this "neighbour" consultation. What do they mean by "amenity". If the attached neighbour has no loss of "amenity" how can an unattached neighbour suffer loss of "amenity" especially if they cannot see it. We are taking "amenity" to mean light, privacy and overbearing impact are there any other things that are "amenity" Thanks so much. Shore

 

[lymmranger]

So you actually have neighbours..........

have you "considered" their feelings?

 

[shore]

Read the original post .......... "feelings" are not a planning issue be it full planning or permitted development. If you read the OP you will see that we have neighbours and that we are considering their "amenity". The only neighbour that we think will complain (its in his nature) is the one that cannot even see the conservatory. We are asking these questions about "amenity" because we ARE considering our neighbours. The only neighbour that can see the conservatory is our attached neighbour and he will be putting a conservatory in the same position in his back garden. So stop implying that we are being inconsiderate because we want a conservatory cos that would be really pathetic. So if anyone else knows of any other "amenities" that we have not considered that are relevant to new permitted development rules we would be most grateful to hear them.
Many Thanks Shore

 

[tony1851]

As you mentioned, 'amenity' is chiefly concerned with potential for undue loss of light, privacy and not having an overbearing outlook.

If your neighbour complains, those are really the only issues the council should consider, though they will be required to consider also any loss of amenity to the other neighbour, even if he has not complained.

I suspect that on receipt of a complaint, the council will decide, in its infinite wisdom, that there IS a loss of amenity, and they wiill advise that it needs a formal planning application. The real motive for this will be to get an application fee from you.

Keep us posted!

 

[^woody^]

I suspect that on receipt of a complaint, the council will decide, in its infinite wisdom, that there IS a loss of amenity, and they wiill advise that it needs a formal planning application. The real motive for this will be to get an application fee from you.

There is an appeal process, and this will cost the council money

 

[tony1851]

There is an appeal process, and this will cost the council money

Yes, of course. But LPAs will bank on many people not appealing and just agreeing to a smaller extension to avoid the hassle of an appeal.
By then, the LPA will have had their money.

 

[^woody^]

Planners don't work like that. The hundreds of £'s it will cost them and the potential for losing is not taken lightly or as a gamble

 

[tony1851]

In that case, it would be interesting to see what proportion of notices are allowed, even if a neighbour objects - I suspect not many.

Until numbers of these things are refused permission and householders start doing appeals, we won't know how the Planning Inspectorate view it. Is the Government's wish to stimulate building a material consideration, or will '3m/4m' be the accepted standard for no loss of amenity?

We live in interesting times.